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Probate and Why You Should Avoid It. Probate is the court procedure of proving a will after someone (the decedent) who has completed his or her last will and testament dies. If you have a will and ...
The testator is the person who makes the will and the person on whose behalf an executor acts during probate. If the executor of a will passes away before the testator, then a new one can be named.
After the testator dies, the person named in the will as executor can decline or renounce the position, and if so should quickly notify the probate court accordingly. Executors "step into the shoes" of the deceased and have similar rights and powers to wind up the personal affairs of the deceased.
Probate can be a potentially time-consuming process that involves a court that manages the distribution of assets after someone has died. For context, probate court can take months to years to ...
After the testator has died, an application for probate may be made in a court with probate jurisdiction to determine the validity of the will or wills that the testator may have created, i.e., which will satisfy the legal requirements, and to appoint an executor. In most cases, during probate, at least one witness is called upon to testify or ...
The administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. [1] Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral expenses, and distribute the remainder according to the procedure set down by law.
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